Sanjay Kumar’s Third Term Extension From The Center Was Rejected By The Supreme Court Because It Was “Illegal.”

The Supreme Court overturned the Centre’s decision to grant Sanjay Kumar Mishra, director of the Enforcement Directorate, a third extension

On Tuesday, the Supreme Court declared the third extension granted by the Centre to Sanjay Kumar Mishra, director of the Enforcement Directorate, to be “illegal” and revoked the decision. Mishra was given till July 31 by the court to resign from his position.

However, the top court upheld the changes to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, granting the Centre the authority to prolong the terms of a CBI director and an ED director by up to three years beyond their required two-year terms.

The court supported these revisions, stating that there are sufficient safeguards, but noting the narrow scope of judicial review over legislation. High-level officials may be given an extension with written justification in the public interest, the court ruled.

The group of petitions contesting Mishra’s nomination as well as the most recent revision to the Central Vigilance Commission Act were heard by a three-judge panel made up of justices BR Gavai, Vikram Nath, and Sanjay Karol. Congress officials Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra, and party spokesman Saket Gokhale signed the appeal. In May, the bench had postponed making a decision.

What is the backdrop and who is Sanjay Kumar Mishra?

The initial appointment of Sanjay Kumar Mishra, an Indian Revenue Service official from the 1984 batch, as ED director was for a two-year term ending in November 2020. Before his term ended, he received a one-year extension, which an NGO, Common Cause, contested in the Supreme Court. The court granted the extension by decision in September 2021, noting that the tenure would expire in about two months. However, it was evident from the verdict that Mishra would not be given any further extensions.

The CVC Act and the DSPE Act, which govern the appointment of the heads of ED and CBI, were amended by the Centre on November 15, 2021, allowing the government to extend the terms of the CBI and ED leaders for a total of three years beyond their initial two-year terms by granting extensions of one year each.

Randeep Singh Surjewala, Jaya Thakur, and Mahua Moitra, among others, petitioned the Supreme Court to overturn these revisions in a number of cases.

Mishra received a postponement from November 2021 to November 2022 under the contested amendment. His appointment was further extended by a notification in November of last year, till November 2023.